Allergan wins rehearing of patent suit against Apotex

New York, June 5 - Allergan, Inc. said it won its patent infringement lawsuit against Apotex, Inc., Apotex Corp., and Novex Pharma at a rehearing.

Allergan, along with Syntex (USA) LLC, originally won a trial in 2004. The case was remanded by the federal court of appeals, leading to a rehearing in the U.S. District Court for the Northern District of California.

The dispute was over an Abbreviated New Drug Application filed by Apotex to market a copy of Allergan's non-steroidal anti-inflammatory drug, Acular (ketorolac tromethamine ophthalmic solution) 0.5%.

Under the latest ruling, the ANDA cannot be approved before the patent expires in 2009.

Acular is for the temporary relief of ocular itching due to seasonal allergic conjunctivitis and the treatment of post-operative inflammation in patients who have undergone cataract surgery.

Allergan is a specialty pharmaceutical and medical device company located in Irvine, Calif.

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